Applicant
Babcock International Group PLC
Case number(s)
201010041
Decision date
Type
Decision
DecisionConsent Granted
Section 12(b) Overseas Investment Act 2005
Decision date6 May 2010
InvestmentAn overseas investment in sensitive land, being the Applicant's acquisition of rights or interests in 100.0% of the ordinary shares of VT Group plc which owns or controls a leasehold interest in 2.1100 hectares of land at Calliope Rd and Queens Parade, North Shore, Auckland.
Asset Value$14,000,000
ApplicantBabcock International Group PLC
United Kingdom Public (76.18%)
United States Public (13.49%)
Various overseas persons (10.33%)
VendorExisting Shareholders of VT Group plc
United Kingdom Public (85.18%)
United States Public (7.06%)
Various overseas persons (6.49%)
Canadian Public (1.27%)
Background

The Applicant and its subsidiaries operate global engineering support services across six key divisions - Marine, Defence, Rail, Nuclear, Networks and Engineering and Plant (e.g. one of its subsidiaries manages and operates the naval engineering facility at Devonport Naval Base, Auckland).

The Applicant previously managed the NZDF dockyard via its subsidiary Babcock NZ. Babcock NZ provided services to the New Zealand Navy until VT Fitzroy took over this function in 2004.

The Applicant seeks consent to acquire all of the ordinary shares in VT Group plc (VT Group), a United Kingdom listed company, by means of a Court-sanctioned scheme of arrangement, or a takeover of VT Group Plc, in the United Kingdom.

An indirect wholly-owned subsidiary of VT Group, VT Support Services Limited owns 70% of VT Fitzroy Limited which has a leasehold interest in sensitive land situated at HMNZ Naval Base, Devonport, Auckland.

VT Fitzroy Limited provides dockyard facilities and engineering services to the New Zealand Navy, other New Zealand defence entities and commercial customers.

The overseas investment transaction has satisfied the criteria in section 16 of the Overseas Investment Act 2005. The 'benefit to New Zealand' criterion was satisfied by particular reference to the following factors:

Overseas Investment Regulations 2005
28(c) – Affect image, trade or international relations
28(e) – Previous investments

More informationGarth Sinclair/Alex Franks
Russell McVeagh (Auckland)
PO Box 8
AUCKLAND